Indiana Collections: Collecting on an Account

The Indiana Court of Appeals issued a Memorandum Decision in the case of Meisberger v. H&B Enterprises (pdf) Because it’s a Memorandum Decision, it is not binding precedent. However, it still provides some insight into some of the issues involved with collecting on an account as a contractor. The practice point for businesses in this…

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The "Account Stated" in Indiana Collections

On August 27, 2014, the Indiana Court of Appeals issued a Not-for-Publication Memorandum Decision in the case of Dellamuth v. Ken’s Carpet Unlimited. As an NFP decision, the case cannot be cited as precedent, but it does offer some discussion as to the “account stated” contract theory as it pertains to collecting debts in Indiana.…

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Court of Appeals Decides Medical Collection Attorney's Fee Case

Medical billing and collections can be complicated. Often, what looks like one service to the patient can result in bills from multiple entities and a variety of collection efforts. The obligations from debtor to creditor can be similarly variable. In the case of Deca Financial Services, LLC v. Gray (pdf), the Indiana Court of Appeals…

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The Divorce Decree and Kids' Medical Debts

One situation that seems to come up a fair amount is allocation of the debts after the divorce. Many of my creditor clients have had a debtor attempt to defend against collection efforts by advising the creditor that the divorce decree said they did not have to pay. Typically a divorce decree simply is not…

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Civil Collection versus Criminal Restitution

Sometimes an individual will owe you money because of something criminal that person did. For example, maybe a drunk driver hit your car and damaged it. Maybe someone wrote you a bad check knowing that they did not have enough money in their account to cover it. Maybe they vandalized your property. Or, maybe they…

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SB 290-2014 Proposed Changes for Collection of Medical Debts in Indiana

Senators Tallian and Steele have introduced SB 290 which would alter the procedures and rights for creditors seeking to collect medical medical debts. Specifically, it purports to address “medical collection cases” which are defined as an action to collect a debt based on the provision of medical care, durable medical equipment, or a prescription.  If…

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